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TEODORESCU AND OTHERS v. ROMANIA
Doc ref: 25460/16;27740/16;45512/16;46190/16;51104/16;53239/16;58449/16;62078/16;7187/17;10802/17 • ECHR ID: 001-208069
Document date: January 21, 2021
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- Outbound citations: 4
TEODORESCU AND OTHERS v. ROMANIA
Doc ref: 25460/16;27740/16;45512/16;46190/16;51104/16;53239/16;58449/16;62078/16;7187/17;10802/17 • ECHR ID: 001-208069
Document date: January 21, 2021
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 25460/16 Relu TEODORESCU against Romania and 9 other applications
(s ee appended table)
The European Court of Human Rights (Fourth Section), sitting on 21 January 2021 as a Committee composed of:
Armen Harutyunyan, President, Jolien Schukking, Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina , Acting Deputy Section Registrar,
Having regard to the above application s lodged on the various dates indicated in the appended table,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicant s is set out in the appended table.
The applicants ’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”) .
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The applicants complained of the inadequate conditions of their detention. They relied on Article 3 of the Convention, which reads as follows:
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
The Government submitted that the applicants had lost their victim status due to the fact that they had benefitted from the remedy offered by Law no. 169/2017 amending and completing Law no. 254/2013 on the execution of sentences. They asked the Court to reject the present applications for being incompatible ratione personae with the provisions of the Convention.
The applicants disagreed claiming in substance that the compensation awarded to them had been insufficient.
The Court notes that in its recent decision Dîrjan and Ştefan v. Romania (( dec. ), nos. 14224/15 and 50977/15, 15 April 2020) it has examined similar applications as the ones in the present case and declared them inadmissible considering that the applicants had lost their victim status. The Court noted that Law no. 169/2017 amending and completing Law no. 254/2013 on the execution of sentences, adopted following the pilot judgment in the case of Rezmiveș and Others v. Romania (nos. 61467/12 and 3 others, 25 April 2017) and in force between October 2017 and December 2019 had been an effective remedy in respect of inadequate conditions of detention in Romanian prisons. More specifically, the above law set forth a compensatory remedy, available for periods of detention ranging from 2012 to 2019 and allowing the deduction of six days for 30 days spent in conditions of detention that fell short of standards compatible with Article 3 of the Convention (see Dîrjan and Ştefan , cited above, § 28). This benefit impacted the term of the prison sentences, also giving detainees an opportunity of earlier release on parole.
Turning to the circumstances of the present cases, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on their admissibility. The above-mentioned remedy was available to the applicants in the present applications and, indeed, they benefitted from it. Thus, on different dates, the domestic authorities, applying the provisions described in the abovementioned decision Dîrjan and Ştefan , awarded compensation, through the reduction of days, to the applicants for the entire period of detention spent in inadequate conditions of which they complained (for further details see the appended table).
The Court is therefore satisfied that the applicants have been afforded adequate redress and can no longer claim to be victims of a violation of their rights under Article 3 of the Convention, insofar as the conditions of their detention, described in the appended table, are concerned . It follows that the applications are incompatible ratione personae with the provisions of the Convention and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 11 February 2021 .
{signature_p_2}
Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
( inadequate conditions of detention )
No.
Application no.
Date of introduction
Applicant ’ s name
Year of birth
Representative ’ s name and location
Facility
Start and end date
Duration
Domestic compensation awarded
(in days)
based on total period calculated domestically
25460/16
24/11/2016
Relu TEODORESCU
1967Silviana Teodorescu,
Bacău
Bacău , Iaşi , Tulcea , Vaslui and Găeşti Prisons
26/09/2014 to 05/03/2018
3 years and 5 months and 8 days
264 days in compensation for a total period of detention spent in inadequate conditions from 26/09/2014 to 05/03/2018
27740/16
23/11/2016
Ioan -Gheorghe LUCACI
1968Vasile RareÈ™ Biro,
Satu Mare
Rahova , Oradea, Iași and Satu Mare Prisons
16/09/2014 to 01/11/2017
3 years and 1 month and 17 days
216 days in compensation for a total period of detention spent in inadequate conditions from 16/09/2014 to 01/11/2017
45512/16
07/03/2017
Traian Teodor ȘERBAN
1971Vasile RareÈ™ Biro,
Satu Mare
Sălaj County Police Station, Oradea, Gherla and Satu Mare Prisons
27/05/2015 to 20/02/2018
2 years and 8 months and 25 days
174 days in compensation for a total period of detention spent in inadequate conditions from 27/05/2015 to 20/02/2018
46190/16
23/09/2016
Valentin JERDEA
1976Rahova Prison
24/02/2015 to 08/06/2018
3 years and 3 months and 16 days
354 days in compensation for a total period of detention spent in inadequate conditions from 24/02/2015 to 23/12/2019
51104/16
04/01/2017
Aurelian BRUMAR
1995BraÅŸov Police Arrest, Codlea , Miercurea Ciuc and Gherla Prisons
07/07/2014 to 21/08/2018
4 years and 1 month and 15 days
306 days in compensation for a total period of detention spent in inadequate conditions from 07/07/2014 to 21/08/2018
53239/16
05/09/2016
Adrian TUDUSCIUC
1980Vasile RareÈ™ Biro,
Satu Mare
Oradea and Satu Mare Prisons
27/07/2015 to 07/11/2017
2 years and 3 months and 12 days
162 days in compensation for a total period of detention spent in inadequate conditions from 27/07/2015 to 07/11/2017
58449/16
30/09/2016
Georgia-Cristina PAVEL
1979Emilian- Costel Pavel,
Bucharest
Bucharest Central Arrest and Târgşor Prison
10/07/2015 to 08/11/2017
2 years and 3 months and 30 days
168 days in compensation for a total period of detention spent in inadequate conditions from 10/07/2015 to 08/11/2017
62078/16
17/01/2017
Ioan SZABO
1971Vasile RareÈ™ Biro,
Satu Mare
Rahova , Gherla and Baia Mare Prisons
03/11/2015 to 14/11/2017
2 years and 12 days
120 days in compensation for a total period of detention spent in inadequate conditions from 03/11/2015 to 14/11/2017
7187/17
14/02/2017
Ion ADIR
1992Craiova Prison
07/09/2016 to 17/05/2018
1 year and 8 months and 11 days
234 days in compensation for a total period of detention spent in inadequate conditions from 07/09/2016 to 16/12/2019
10802/17
17/01/2017
Emanuel IonuÈ› POP
1992Vasile RareÈ™ Biro,
Satu Mare
Gherla and Baia Mare Prisons
29/09/2016 to 13/12/2017
1 year and 2 months and 15 days
78 days in compensation for a total period of detention spent in inadequate conditions from 29/09/2016 to 13/12/2017
s
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